Search Results for "Section 488 MMC Act"

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Search Results for "Section 488 MMC Act"

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High Court

Bombay High Court Allows Appeal Against Ad-Interim Injunction in Balcony Construction Dispute - Unauthorized Construction Cannot Be Protected by Injunction. The court held that an injunction cannot be granted to protect an unauthorized construction, as the balance of convenience lies with the party complaining of the illegal structure.

21 Aug 2013

The appeal arises from an order of the City Civil Court, Bombay, granting an ad-interim injunction in favor of the plaintiff (Respondent No.1) to prot...

High Court

Bombay High Court Allows Tenants' Petition Against Demolition of Building Without Notice Under Section 354 of Mumbai Municipal Corporation Act, 1888. The court held that principles of natural justice require that occupiers be given an opportunity of being heard before demolition of a dangerous building under Section 354 of the MMC Act.

1 Aug 2019

The petitioners, tenants of a building known as 'Omar Manzil' in Santacruz (East), Mumbai, and their welfare association, filed a writ petition challe...

High Court

Bombay High Court Allows Tenants' Petition Against Demolition of Building Declared Dilapidated — Municipal Corporation Directed to Follow Procedure Under MMC Act Before Demolition. Tenants' Right to Hearing Upheld Under Sections 354 and 488 of Mumbai Municipal Corporation Act, 1888.

16 Oct 2014

The petitioners, eleven tenants residing in a building called Habib Terrace in Kurla, Mumbai, filed a writ petition challenging a notice issued by the...

High Court

Bombay High Court Allows Tenant's Appeal Against Refusal of Injunction in BMC Demolition Case - Tenant's Right to Challenge Demolition Notice Under Section 354 of MMC Act Not Dependent on Impleading Purchaser-Owners.

27 Sep 2016

The appellant, Arun Jakson James, a tenant in possession of suit premises, challenged a notice issued under Section 354 of the Mumbai Municipal Corpor...

High Court

Bombay High Court Allows Appeal Against Demolition of Hutment in Housing Society Compound — Appellant Proves Possession Prior to Cut-off Date Under MMRDA Act. The court held that the appellant's possession since 1975 was protected under Section 53A of the Transfer of Property Act, 1882, and the demolition without notice was illegal.

15 Oct 2016

The appellant, originally the original plaintiff Nirmala Ramswaroop Makkar (since deceased, represented by heirs), filed a suit in the City Civil Cour...

High Court

Bombay High Court Allows Writ Petition Challenging Property Tax Reassessment Under Mumbai Municipal Corporation Act, 1888 — Reassessment Based on Capital Value Method Without Proper Notice and Opportunity of Hearing Set Aside. Court Held That Reassessment Must Be Based on Fair Market Value as on 1st April 2010 and Not on Arbitrary Valuation.

29 Jul 2019

The petitioners, residents of Narsinha Prasad Building and Narsinha Prasad Annex Building in Vile Parle (East), Mumbai, challenged the reassessment of...

High Court

Bombay High Court Dismisses Contempt Petitions Against Municipal Commissioner in MRTP Act and BMC Act Notice Case — No Willful Disobedience Found as Notices Were Only Precursory Steps, Not Demolition.

25 Aug 2016

The petitioners, owners of flats in a cooperative housing society, had covered their terraces with asbestos sheets. The Municipal Corporation issued a...

High Court

Bombay High Court Allows Petitions Against Demolition of Tenanted Premises Without Notice. Municipal Corporation Directed to Follow Due Process Under Section 354 of Mumbai Municipal Corporation Act, 1888 Before Demolishing Structures Occupied by Tenants.

30 Nov -0001

The petitioners, Mrs. Lilly P. Pandit, Mr. Ivan D'Souza, and Mr. Abbas Masalawala, are tenants residing in rooms on the ground floor of 30 Mistry Buil...

High Court

Bombay High Court Dismisses Appeal by Municipal Corporation in Demolition Notice Case. Court holds that demolition notices under Section 351 of the Mumbai Municipal Corporation Act, 1888 require prior show-cause notice and opportunity of hearing, upholding trial court's order setting aside notices.

1 Dec 2025

The Municipal Corporation of Greater Mumbai (appellant) filed an appeal against an order of the City Civil Court, Mumbai, which set aside demolition n...

High Court

Bombay High Court Allows Impleadment of Subsequent Purchaser in Suit Challenging Municipal Notice Under Section 351 of MMC Act, 1988. Petitioner's Sufficient Interest Recognized as Property Owner Entitled to Be Heard Before Adverse Orders.

11 Mar 2015

The Petitioner, Lodha Properties Development Private Limited, filed a writ petition challenging the order dated 26th February 2014 passed by the City ...

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